if president obama wins nevada, iowa and pennsylvania, nevada, iowa, and pennsylvania, and let's say mitt romney wins colorado, new hampshire, and florida. new hampshire, colorado, that leaves three toss-ups. wisconsin, ohio, and the old dominion. so if the candidates split, ohio and wisconsin, neither one of them gets to the 270 electoral votes needed to win without virginia. and the final nbc news wall street journal poll before this election, it shows virginia in a statistic call tie. back to you. >> the following two breaking stories tonight. a commuter train hit and killed a person. no word on what led to the identity of the victim. shuttles have been taking some passengers to their death nations. delays are not expected to have an impact on the commute in the morning. >>> a 75-year-old man was critically injured in an apartment fire. and firefighters found him in the basement of the apartments on generals highway in crownsville. the cause of this fire is still under investigation. >> tonight, a father is facing charges after his 4-year-old child fell on the high-rise apartment